CRIMINAL PROCEDURE — No-Case Submission — Alibi — Effect at No-Case Stage
Principle Statement
As for the alibi raised by the 2nd appellant, this would cease to be of consequence if the court accepts the evidence of P.Ws. 1 and 2.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Tongo & Anor v. COP (2007) NLC-123-105-2000(SC) at p. 9; Paras D–E.
"As for the alibi raised by the 2nd appellant, this would cease to be of consequence if the court accepts the evidence of P.Ws. 1 and 2."
Explanation / Scope
This principle establishes that an alibi defence becomes irrelevant if the court accepts the prosecution evidence identifying the accused. Where witnesses place the accused at the scene, the alibi falls away. The principle applies at the no-case submission stage and trial. It ensures that alibi is not a magic wand; it must be weighed against prosecution evidence. The court must determine the credibility of witnesses. The principle applies in criminal cases where alibi is raised. The accused must prove the alibi on a balance of probabilities. However, if prosecution evidence is credible and accepted, the alibi cannot succeed. The principle promotes a realistic assessment of evidence.
